What Can Happen if a Parent Breaches a Family Court Order
- Posted on: Mar 28 2023
When a court order is issued, it will usually be a last resort for issues to be resolved. After a court has issued a court order it will become irrevocable. When a court order is breached by a party, the consequences become serious if an excuse is not reasonable enough to warrant the breach. Below is everything you need to know concerning the breaching of a family court order.
The Family Court Order
A court order made in family court involves two situations that can take place. The first involves the child and their maintenance by both parents. The second is financial maintenance for a spouse. Both of these concern the support of family and are binding through a judgment made by the family court.
Regardless of what the family court decides, the parties involved need to follow it at all times.
Circumstances that can cause a Breach
A court order can be breached in the following ways:
- The breaching party showed deliberate noncompliance
- A party prevented compliance from taking place
- No attempts for compliance were made
Steps To Take To Determine Breach
When it is believed that contravening has taken place, it needs to be proven in order for penalization to take place. When enough evidence exists the party needs to file a Contravention Application with the court. Once the application is made, the accusing party must supply supporting documents showing a breach. These supporting documents should involve the following:
- An affidavit supporting the claim
- Witness evidence that has been notarized
When the supporting documents are submitted, it must include the details surrounding the breach and the circumstances of the alleged breach and how it occurred.
Consequences of Breaching a Family Court Order
When the family court has determined that a breach has taken place, then there could be several penalties involved such as the following:
- Paying a fine
- Possible imprisonment
- Requiring back payments
- Restrictions for child visitation
- Wage garnishment for the offender
Have You Noticed a Breach In Your Family Court Order?
When a breach in a court order has occurred, you need to be in contact with an experienced attorney who can help. By contacting FK Law Group today, our experienced attorneys will review your case and get the ball rolling towards compliance.
Posted in: Family Law, Uncategorized
